Military, War, and Peace Commons^™

Exhaustion Of State Administrative Remedies In A Prerequisite To 42 U.S.C. 1983 Action., Russell W. Heald

St. Mary's Law Journal

Abstract Forthcoming.

Admission Of Compelled Psychiatric Testimony At Sentencing Phase Violates Defendant's Fifth And Sixth Amendment Rights., Jane S. Snow

St. Mary's Law Journal

Abstract Forthcoming.

Trial Judge Required, Upon Proper Request, To Instruct Jury Not To Draw Adverse Inferences From A Defendant's Failure To Testify., Susan L. Gellis

St. Mary's Law Journal

Abstract Forthcoming.

Manufacturing Process Which Includes Use Of Mathematical Formula And Computer Program Constitutes Patentable Subject Matter., Edward W. Roush Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Sales Contracts And Impracticability In A Changing World., Thomas Black

St. Mary's Law Journal

Abstract Forthcoming.

Suppression Of Demonstration Permits Represents Invalid Prior Restraint On Free Speech, For Which Temporary Injunctive Relief Appropriate., Diana K. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Actual Damages Recoverable For Loss Of Credit Or Injury To Credit Reputation If Proven Natural, Probable, And Foreseeable Consequence Of Breach., Sharon Callaway

St. Mary's Law Journal

Abstract Forthcoming.

Injection Of Contaminated Drug By Hospital Employee Sufficient To Constitute Sale Of Product For Purposes Of Implied Warranty., James D. Shields

St. Mary's Law Journal

Abstract Forthcoming.

Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony

St. Mary's Law Journal

Abstract Forthcoming.

Employment Discrimination In The Armed Services - An Analysis Of Recent Decisions Affecting Sexual Preference Discrimination In The Military, Lawrence R. Deiter

Villanova Law Review (1956 - )

No abstract provided.

Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter

Faculty Articles

This article examines the statutory and judicial developments that have apparently expanded military jurisdiction. Serving as the core for this discussion is the amendment to Article 2, UCMJ, and the Court of Military Appeals’ decision in United States v. Trottier, 9 M.J. 337 (C.M.A. 1980), dealing with subject matter jurisdiction of courts-martial over drug-related offenses by service members.

Challenges Against Jurors In Courts-Martial, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

This Note will summarize the provisions of the Uniform Code of Military Justice and the Manual for Courts-Martial as well as the decisions of the military appellate courts in order to assist counsel in preparing for the conduct of voir dire and the challenge procedure. The Note will also discuss pre-trial preparation for the voir dire. The goals are to help the military attorney make better use of his client's right to challenge members of the court; and to give the civilian attorney a better understanding of the challenge process in courts-martial so that he will be more inclined to …

Conscientious Objection To War: The Background And A Current Appraisal, Richard P. Fox

Cleveland State Law Review

This article reviews the legal history of conscientious objection to war in the United States. Then the current status of the law and the 1982 Selective Service Regulations are discussed and appraised. It is hoped that some of the popular misconceptions regarding conscientious objection will be dissipated by this article.

Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.

Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach

St. Mary's Law Journal

Abstract Forthcoming.

Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry

St. Mary's Law Journal

Abstract Forthcoming.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

On Clandestine Warfare, Robert E. Rodes

Journal Articles

Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …

Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.

Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.

Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

The Law Of The Flag, The Law Of Extradition, The Nato Status Of Forces Agreement, And Their Application To Members Of The United States Army National Guard, Fred W. Beesley, Jr.

Vanderbilt Journal of Transnational Law

With the advent of Project Capstone in 1980, the United States Army adopted a master European war plan which committed virtually every Army National Guard and Army Reserve unit to a large-scale field army for use in the European Theater of Operations. The plan was designed to combat a hypothetical offensive by tank-heavy Warsaw Pact forces through the centuries-old Fulda Gap invasion route in the central region of the Federal Republic of Germany, or through the relatively vulnerable North German Plain.

Actions by Warsaw Pact troops in Poland and Afghanistan increase the likelihood that United States contingency war planning will …

The Israeli Aerial Attack Of June 7, 1981 Upon The Iraqi Nuclear Reactor: Aggression Or Self-Defense?, W. Thomas Mallison, Sally V. Mallison

Vanderbilt Journal of Transnational Law

On June 7, 1981, the State of Israel conducted an aerial attack on the Iraqi nuclear reactor known as Tamuz I located near Baghdad. The attack was carried out by F15 and F16 aircraft supplied by the United States. The reactor was damaged severely and three Iraqi civilians and one French technician were killed. On June 8 Israel announced the attack and described it as an act of legitimate self-defense, claiming Iraq planned to construct nuclear weapons. On the same day the Republic of Iraq requested an urgent meeting of the United Nations Security Council to consider what it described …

Intramilitary Immunity And Constitutional Torts, Michigan Law Review

Michigan Law Review

This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …

The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce

Antioch Law Journal

In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …

The Pentagon's Exercise, 'Proud Spirit': Little Cause For Pride, John J. Fialka

The US Army War College Quarterly: Parameters

No abstract provided.

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman

Normative And Policy Restraints On War, William V. O'Brien

Michigan Law Review

A Review of Restraints on War: Studies in the Limitation of Armed Conflict edited by Michael Howard, and Humanitarian Politics: The International Committee of the Red Cross by David P. Forsythe

Coast Guard Nighttime Boardings And The Fourth Amendment: United States V. Piner, D. Gary Beck

BYU Law Review

No abstract provided.